Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4049 of 2019 Applicant :- Smt. Hasina Opposite Party :- State Of U.P. Counsel for Applicant :- Zafar Abbas Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
This case has been assigned by The Hon'ble The Chief Justice vide order dated 29.1.2019.
Heard learned counsel for the applicant, Sri Pankaj Rai (B.H.) appearing for the State and perused the record.
According to prosecution story F.I.R. was lodged against the present applicant alleging that on 29.10.2018, 500 illegal charas was recovered by the Police personnel from the possession of the applicant.
It is submitted by learned counsel for the applicant that the applicant is a lady and she has two children; he is suffering from decease. There is no independent witness to support the prosecution version. The recovery shown by the Police is less than the commercial quantity. Provisions enumerated in the N.D.P.S. Act for search and seizure have not been followed. Provision of Section 50 N.D.P.S. Act has not been complied with. Applicant is languishing in jail since 29.10.2018 (about three months) 21 cases of criminal history have been explained and she has been acquitted in all cases except in one case and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant, Keeping in view the quantity of recovered contraband, nature of the offence, provisions for release of accused on bail, evidence, complicity of the accused, severity of punishment, and submissions of the learned counsel for the parties, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Smt. Hasina involved in Case Crime No. 1102 of 2018, under Section 8/20 NDPS Act, Police Station Majhola, District - Moradabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.1.2019 OP